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Law Offices of Randall T. Longwith

Please Call : 800-542-5384

Attorney Profile

Randall T. Longwith is Orange County's Premier DUI Attorney. As an expert DUI lawyer, Fullerton DUI defense attorney Randall T. Longwith has become the “go to” attorney when residents of Fullerton and Orange County are charged with a DUI. Mr. Longwith graduated with honors from California State University, Fullerton where he was a member of PSI CHI, the National Honors Society in Psychology. After graduation, Fullerton DUI attorney Randall T. Longwith earned his law degree from Southwestern University School of Law in Los Angeles, California.

While in law school, Mr. Longwith was a member of the elite Southwestern University Trial Advocacy Honor’s Program. As a member of this prestigious trial advocacy team, Randall T. Longwith successfully competed in trial competitions throughout the country, including Atlanta, Georgia, New York, Los Angeles, San Diego, and Orange County. It was during this period that Mr. Longwith began to hone his skills as a premier DUI trial attorney. While in law school, Mr. Longwith served as a certified law clerk for the Los Angeles District Attorney, the Orange County District Attorney, and the Orange County Public Defender’s Offices. Upon graduation from law school, Fullerton DUI lawyer Randall T. Longwith joined the Law Offices of the Orange County Public Defender. There, Mr. Longwith spent six years as a criminal trial attorney defending hundreds of individuals charged with everything from traffic offenses, to DUI and Drunk Driving cases, to violent felonies.

It was during this time that Mr. Longwith fine tuned his trial skills. After his time as a trial attorney with the Law Offices of the Orange County Public Defender, Mr. Longwith joined the Law Offices of Top Gun DUI Defense Attorney Myles L. Berman. As a trial attorney for Mr. Berman, Mr Longwith successfully defended countless individuals charged with DUI Drunk Driving cases in Orange County, Riverside County, San Bernardino County, and Los Angeles County . Following his tenure at Mr. Berman’s office, Mr. Longwith opened the Law Offices of Randall T. Longwith, located in Downtown Fullerton, where he specializes in the defense of individuals charged with DUI or Drunk Driving in Orange County, Riverside County, Los Angeles County, and San Bernardino County. Mr. Longwith’s success in the courtroom has cemented his reputation as a go to attorney when residents of Southern California are charged with DUI or Drunk Driving offenses.

Mr. Longwith is a certified in the administration, calibration, and maintenance or the Alco Sensor IV Breath Testing Devise, the portable breath test used by police departments throughout Orange County and Southern California. Mr. Longwith is admitted to practice law in both California and Texas. He is a member of the Orange County Bar Association, the Orange County Hispanic Bar Association, the California Public Defender’s Association, the California Attorney’s for Criminal Justice, and the California DUI Lawyer’s Association, and is a member of the National DUI College.

Please Call : 800-542-5384

Fullerton DUI Attorney

Being accused of a DUI is serious - very serious! Your freedom, your career, and your future, as well as your right to drive, your insurance rates and your reputation may be on the line. You don’t have to plead guilty. The fact is many driving under the influence and DUI cases can be successfully defended by an experienced California DUI attorney.

Orange County DUI attorney Randall T. Longwith is Southern California's Premier Criminal and DUI Defense Attorney. He is an experienced and highly successful criminal defense lawyer specializing in aggressively defending individuals charged with Drunk Driving and DUI offenses throughout Southern California, including Orange County, Riverside County, San Bernardino County, and Los Angeles County. His clients have included doctors, lawyers, police officers and business people throughout Southern California. Mr. Longwith has been highly successful in obtaining not guilty verdicts, dismissals, and reduction of charges in all types of criminal offenses. He also moves quickly to try and obtain a client's release from custody.

Drunk driving is sometimes referred to as Driving Under the Influence, Driving Under the Influence of Alcohol or Drugs, DUI, Driving While Intoxicated, and DWI. DUI is a serious criminal offense, one that must be addressed immediately. Rights can be lost without prompt action.

Unless done properly, you could lose your driver's license without a hearing!

At the Law Offices of Orange County DUI Attorney Randall T. Longwith, a Southern California criminal defense law firm, our DUI lawyers know how to proceed after a DUI arrest in a timely manner, protecting your freedom and your rights. You have only TEN DAYS from the date of your arrest to demand an administrative hearing from the DMV. The Law Offices of Orange County DUI attorney Randall T. Longwith has an exceptional record at these hearings. We also can advise you on how to obtain a Restricted License if that becomes necessary, shortening the normal four-month suspension to thirty days. We will explain to you the pros and cons of requesting a "Stay" on your suspension to allow you to drive until your hearing with the DMV.The Law Offices of Orange County DUI attorney Randall T. Longwith works hard defending our clients arrested for DUI and Drunk Driving. After many years of experience defending DUI and Drunk Driving cases, we have an in-depth knowledge of California DUI Laws, the court process, Department of Motor Vehicles ("DMV") licensing hearings, and all aspects of California DUI defense and related matters. The Law Offices of Orange County DUI attorney Randall T. Longwith represent many clients from Anaheim, Brea, Buena Park, Cypress, Fullerton, Newport Beach, Laguna Beach, Costa Mesa, Santa Ana, Placentia, Mission Viejo, Aliso Viejo, Lake Forrest, Laguna Niguel, La Habra, Huntington Beach, Stanton, Anaheim Hills, Orange, Villa Park, Tustin, Irvine, Cerritos, and Yorba Linda, as well as other cities throughout Riverside, San Bernnardino, and Los Angeles counties. In most cases, the Law Offices of Orange County DUI attorney Randall T. Longwith can make all court appearances for you, thereby allowing you to continue working without interruption. Some of the DUI matters we handle include the following: Drunk Driving; Driving Under the Influence of Alcohol or Drugs; Driving While Intoxicated; Field Sobriety Tests; Breath Testing; Blood testing; Alcohol Evaluations; Driver's License Suspension; Restricted Driver’s License; Underage Drinking and Driving; Vehicular Assault; Vehicular Homicide. The Law Offices of Orange County DUI attorney Randall T. Longwith aggressively protects your rights, your freedom, your driving privileges, and your reputation. Some of the things we do include: Immediately contacting the DMV to Protect Your Driving Privilege by Requesting a Hearing with the DMV; Obtaining a "Stay" on the Suspension; Helping obtain a Restricted Driver's License when necessary; Advising After a California DUI Arrest ; Appearing before Department of Motor Vehicles Officers; Plea Bargaining; Drafting and arguing Motions; Trial Preparation, including Evidence Gathering; Appearing Before All California State Courts of Law; Presenting Cases at Trial before a Judge or Jury.

Please Call : 800-542-5384

Steps in the DUI Process

You are pulled over. In order to be pulled over for a California DUI, the police must have “reasonable suspicion” or a reason to do so. This reason could be a mechanical problem with your vehicle such as a broken head light to a driving infraction such as an illegal turn, to weaving to an accident. If they suspect that you are driving under the influence of drugs or alcohol, or both, they will require you to submit to breath test or blood test to determine the amount of alcohol present in your blood. You should not refuse this test. You may choose to submit to a breath test or a blood test. When choosing, remember “Breath” evidence cannot be preserved for later retesting by your own expert, “blood” evidence can.

There are certain things you should not do during a California DUI investigation. Don’t enter into a conversation with the police regarding "what you drank", "where you were", etc. You are required only to give your name and address and to produce the necessary documents. But, other than that, you have the right to remain silent. That right is there for a reason. Take advantage of it and remain silent.

Also, don’t consent to a hand held roadside breath test. These breath tests referred to as Preliminary alcohol screening tests are voluntary and you are not required to consent even though the police often make you believe they are mandatory. They are often performed by unqualified people in uncontrolled surroundings and can give inaccurate readings that may damage your defense. Remember, the police already think you’re guilty – that’s likely why they stopped you! Make them prove their accusation in a court of law, not on the side of the road.

Do not consent to a field sobriety test. These are the tests that require you to walk a straight line, touch your nose, etc. These tests are voluntary and are subject to the interpretation of the police officer giving the test and are not based on scientific fact. If you have already taken a field sobriety test, all is not lost. An experienced DUI attorney knows how ineffective that evidence is in a court of law. You are transported to a police station. Once you are placed under arrest, you will be required to take either a breath test or a blood test. You will not be able to consult a lawyer prior to taking the test.

After the arrest:You mustschedule a DMV hearing within 10 days. You will be given a notice of suspension and the DMV must prove that there is sufficient reason for revoking your license. If you do not request a hearing, the suspension will take effect for the legislated amount of time. It is important to remember that the DMV hearing is different from the actual court proceeding that determines your guilt but your failure to exercise your right to a DMV hearing could negatively affect your defense. Please remember, the DMV hearing is not the court hearing. There are actually two sentences that may be imposed, one from the DMV and one from the courts. If you do not schedule a DMV hearing within 10 days you will lose the right to defend yourself against the DMV at a later date.

Your attorney prepares your defense. Do not get discouraged! Several factors come into play when an attorney who is experienced in California DUI law prepares your defense. DUI cases are very complex. You may feel that you have already been proven guilty because you were told your BAC was above the legal limit. However, your rights are still protected under the constitution. The burden of proof rests with the prosecutor. Mr. Longwith is an experienced DUI trial lawyer. If there is a way to successfully defend your case, he will find it.

Were you stopped by the police because they saw you swerve? If so, did you swerve to miss an object on the road? Did the police notice bloodshot eyes? Were you tired or were your contact lenses bothering you? if you did take a field sobriety test and failed, was it because of medical reasons such as high blood pressure or inner ear problems? Were you feeling intimidated by the interrogation process that may have caused you to become nervous or confused? Did the police officer have the appropriate medical credentials that would support his conclusions? When you were arrested, were your constitutional rights explained to you?

Many factors may cause a breath test to register a false reading. When you took the breath test, had you recently used mouthwash or breath sprays that contained alcohol? Do you have a reflux problem that may have caused stomach contents to re-enter your esophagus? Alcohol that is present in the mouth from breath sprays, burping, etc., may give a false reading. If you were arrested for drunk driving as a result of an accident causing injuries, blood in your mouth may also give a false reading. How long did you wait after you were pulled over before the test was administered? Alcohol enters the blood stream at a certain rate. You may have had a BAC reading of over 0.08 when the test was administered but that does not necessarily mean that you had that reading when you were driving. Mr. Longwith is certified by the police academy to administer the Alco Sensor IV breath test. He is also certified to administer the field sobriety tests. If there is any to attack the breath testing procedure or the field sobriety test procedures, Mr. Longwith will find it. Call him today for a FREE CONSULTATION at (714) 879-7007.

If you are eventually convicted, certain penalties may be imposed a California DUI can lead to jail time, hefty fines of thousands of dollars, probation, months of alcohol classes, and having your drivers license taken away. Mr. Longwith is an experienced and resourceful DUI attorney and can often convince the courts that a jail sentence would not benefit either the client or society. Many alternatives can be more effective such as drug/alcohol treatment, house arrest, etc. An attorney who is experienced in DUI law will introduce these alternative methods of punishment to the courts and may be victorious in keeping you out of jail.

Insurance requirements If you are convicted of a California DUI offense, you will suffer an additional financial “punishment” in the form of insurance premium increases. Although you cannot be refused insurance coverage based on a DUI conviction, you may be refused coverage by your current insurance provider and be forced to use a provider that has been mandated by the government to offer “high risk” coverage. This coverage is extremely costly. In addition to paying exorbitant premiums, you will be required to provide an SR22 form to the DMV in order to register your vehicle. The SR22 form proves that you have insurance coverage but also tells the DMV, insurance companies, employers and others that you have been convicted of DUI.

Remember that if you are arrested for California DUI you are not alone. MADD reports that, just in California, there are over 200,000 arrests made each year. Your arrest depends on what the police see, hear and do but your freedom can depend on the attorney you choose. If you are in trouble and your freedom is on the line, you need a California DUI attorney who is not afraid to fight for you and your rights, a lawyer who is passionate about your situation, dedicated to your case and will NOT quit. You need Orange County DUI lawyer Randall T. Longwith.

The DUI and drunk driving laws in California demand that anyone facing such charges employ an experienced criminal defense attorney for his or her defense in order to avoid mandatory jail time and to preserve your drivers license. The right California criminal defense lawyer may be your best defense against spending time in jail. The Law Offices of Orange County DUI attorney Randall T. Longwith knows DUI arrests can be embarrassing. That is why we do everything possible to handle this confidential matter in a sensitive manner. If you have been accused of driving under the influence of alcohol or drugs, DUI, DWI, or any other driving offense in Orange County, you need to speak with an experience and aggressive DUI lawyer immediately. Please The Law Offices of Orange County DUI attorney Randall T. Longwith . We will aggressively protect your rights and your freedom.

Don't waste your time with the big firms where your case is handled by a low level associate attorney. At The Law Offices of Orange County DUI Drunk Driving attorney Randall T. Longwith, Mr. Longwith himself handles every case personally.

If you or someone you care about has been arrested for driving under the Influence or DUI in Orange County or anywhere in Southern California, your criminal defense attorney is the only thing that stands between you and possible loss of your freedom. Your choice of attorney is critical. Don't trust your future to just anyone. You deserve the best. If you have been charged with a criminal offense, contact the best. Contact the best. Contact Southern California's Premier Criminal Defense and DUI Attorney, Randall T. Longwith.

"...because a good offense is always the best defense."

Please Call : 800-542-5384

Please Call : 714-879-7007

Proudly Representing Individuals charged with DUI offenses in the following cities:

Randall T. Longwith is the Premier Orange County DUI Attorney. As an expert DUI lawyer Orange County attorney Randall T. Longwith has become the “go to” attorney when residents of Orange County are charged with a DUI. Mr. Longwith graduated with honors from California State University, Fullerton where he was a member of PSI CHI, the National Honors Society in Psychology. After graduating, Orange County DUI attorney Randall T. Longwith earned his law degree from Southwestern University School of Law in Los Angeles, California.

While in law school, Mr. Longwith was a member of the elite Southwestern University Trial Advocacy Honor’s Program. As a member of this prestigious trial advocacy team, Orange County DUI attorney Randall T. Longwith successfully competed in trial competitions throughout the country, including Atlanta, Georgia, New York, Los Angeles, San Diego, and Orange County. It was during this period that Mr. Longwith began to hone his skills as a premier Orange County DUI trial attorney. While in law school, Mr. Longwith served as a certified law clerk for the Los Angeles District Attorney, the Orange County District Attorney, and the Orange County Public Defender’s Offices. Upon graduation from law school, Orange County DUI lawyer Randall T. Longwith joined the Law Offices of the Orange County Public Defender. There, Mr. Longwith spent six years as a criminal trial attorney defending hundreds of individuals charged with everything from traffic offenses, to DUI and Drunk Driving cases, to violent felonies.

It was during this time that Mr. Longwith fine tuned his trial skills. After his time as a trial attorney with the Law Offices of the Orange County Public Defender, Mr. Longwith joined the Law Offices of Top Gun DUI Defense Attorney Myles L. Berman. As a trial attorney for Mr. Berman, Mr Longwith successfully defended countless individuals charged with DUI Drunk Driving cases in Orange County, Riverside County, San Bernardino County, and Los Angeles County . Following his tenure at Mr. Berman’s office, Mr. Longwith opened the Orange County Law Offices of Randall T. Longwith, located in Downtown Fullerton, where Orange County DUI attorney Randall T. Longwith specializes in the defense of individuals charged with DUI or Drunk Driving in Orange County, Riverside County, Los Angeles County, and San Bernardino County. Mr. Longwith’s success in the courtroom has cemented his reputation as a go to attorney when residents of Southern California are charged with DUI or Drunk Driving offenses.

Mr. Longwith is a certified in the administration, calibration, and maintenance or the Alco Sensor IV Breath Testing Devise, the portable breath test used by police departments throughout Orange County and Southern California. Mr. Longwith is admitted to practice law in both California and Texas. He is a member of the Orange County Bar Association, the Orange County Hispanic Bar Association, the California Public Defender’s Association, the California Attorney’s for Criminal Justice, and the California DUI Lawyer’s Association, and is a member of the National DUI College.

Answer: Not necessarily. As an expert DUI lawyer Orange County attorney Randall Longwith realize how devastating the loss of your driving privileges can be. Most people arrested for DUI in Orange County and throughout Southern California need to drive in order to work and sustain a living. Relying on public transportation is difficult, if not impossible. There are two ways an Orange County DUI arrest can result in the suspension of your California driver license. The first is losing your DMV hearing. The second is being convicted of DUI in court. Either of these events triggers a California driver license suspension. The length of the California drivers license suspension (and the availability of a restricted license) depends on whether you have prior DUI or wet reckless convictions, and whether you refused to take a DUI blood or breath test. However, a good California DUI attorney can often prevent a license suspension altogether. But to do this the California DUI attorney must accomplish two things. First, he must win your DMV hearing. Second, he must get the California DUI court case dismissed, won at trial, or at least get the charges reduced to something less than a DUI. If the DUI attorney can do these two things, he has saved your drivers license.

Answer: Yes. The police officer who arrested you will contact the Department of Motor Vehicles – DMV- and send the DMV a copy of the notice of suspension, your California driver license he took from you at the scene as well as a sworn report relating to the arrest. The DMV automatically conducts an administrative review that includes an examination of the officer's report, the suspension or revocation order, and any test results.

3. Is it true that the DMV must be contacted within ten (10) days of my Orange County DUI arrest?

Answer: Yes, you or your Orange County DUI lawyer must contact the DMV within 10 days of your DUI arrest in order to demand what’s called an “Administrative Per Se” or APS hearing. This hearing is your chance to challenge and fight to keep your California drivers license.

4. What if I didn’t contact the DMV within10 days of my Orange County DUI arrest?

Answer: If you fail to contact the DMV within the 10 days of your California DUI arrest, then you forfeit the right to a hearing. Your California driver license will go into suspension 30 days from the date of the DUI arrest. Note: The pink form that the police officer gave you at the scene or station is your temporary California drivers license. It allows you to validly drive for a period of 30 days after your DUI arrest. After the 30 days, if you have not had a DMV hearing, the suspension automatically takes effect.

5. What If I did contact the DMV within the 10 days after my Orange County DUI arrest?

Answer: If you do contact the DMV within 10 days of the DUI arrest, then you preserve your right to the APS administrative per se hearing. In that case, your California drivers license remains valid until the outcome of the hearing is determined. The drivers license only goes into suspension if you ultimately lose your hearing. Even though the pink temporary license says “30 days,” the temporary license will extend until the administrative per se hearing takes place and a decision is reached --even if this process takes several months. If you hire an Orange County DUI defense attorney, he should represents you at both the DUI court proceedings and the administrative per se hearing. If you hire the California DUI attorney within 10 days of being arrested, the DUI attorney should take responsibility for contacting the DMV and arranging the APS hearing on your behalf. If you have not hired an attorney within 10 days of the arrest, then you must contact the DMV to request the administrative per se hearing. You can call the DMV, or fax in the request, or mail a certified letter. Whichever method you select, there are several key things to mention in the request:

Your name and California drivers license number.

The date, time and place of the DUI arrest, and the police agency that made the arrest.

That you want a live APS hearing, rather than a phone-in hearing, and that you request copies of all “discovery” (police reports, lab reports and BAC results).

That you intend to hire a DUI attorney, and that you will have the attorney contact the DMV to schedule the hearing.

6. After my Orange County DUI, the officer took my California drivers license. What do for identification?

Answer: If you get arrested for an Orange County DUI charge, the officer takes away your California drivers license and mails it to the DMV for suspension consideration. In place of your physical drivers license, the DUI officer gives you a pink paper that functions as a temporary license. If you should get pulled over during the weeks following the DUI arrest, the pink paper serves as your California drivers license. But what can you do in terms of having an official photo identification? You have two options for obtaining a photo ID: (1) Obtain a United States Passport, or (2) obtain a California Identification Card. You can apply for a passport at any of the 8000 passport acceptance facilities, But for a rush passport, you will have to go to the Los Angeles Passport Agency. To obtain a California Identification Card, you will need to visit a local DMV office (these cannot be obtained online). You must pay the $22 application fee, fill out a form called a DL 44, give a thumb print, have your picture taken, provide your social security number, and provide proof of your birth date and legal presence in the United States.

7. After the Orange County DUI arrest, when will my California Drivers License be returned to me?

Answer: Your California Drivers License will be returned when either (1) you serve out and complete the period of suspension, or (2) the suspension is “set aside.” The suspension gets set aside if either (1) the breath or blood test results come back less than .08, (2) your DUI attorney wins the APS hearing at the DMV, or (3) you are acquitted in court of the Vehicle Code 23152(b) charge.

8. Do I Need To Notify My Auto Insurance Company That I Got Arrested for DUI?

Answer: There is no need immediately to notify your car insurance company of the DUI arrest. Wait to see what happens with the case. If you can get the DUI charges dismissed (or reduced), and win the DMV hearing, which many of our clients do, you most likely will avoid hikes in your auto insurance premiums or cancellation of the policy.

9. If I don’t Tell Them, Will My Insurance Company Still Find Out I got an Orange County DUI?

Answer: In general, nobody automatically notifies your auto insurance company of the DUI arrest. But if you are convicted, the insurer will almost certainly find out, and will do so one of two ways. The first is periodic review. Most car insurance companies check DMV records every few years, or when you apply for (or seek renewal of) a policy. When they do a periodic check, they will see a DUI conviction or DMV license suspension (if they don’t know already), and take action. The second way the car insurance company will discover a DUI conviction is if you have to ask them for an SR22. If your California drivers license is suspended (either because of a DUI conviction in court, or because of losing your DMV hearing), the DMV will require you to provide an SR22 before reinstatement of your license. Moreover, you will have to keep a valid SR22 on file with the DMV for 3 years as a condition of maintaining your California drivers license. Where do you get an SR22? You get one from your car insurance company. When you go to the insurance company asking for an SR22, they will demand to know why you need it. Moreover, this will trigger them to do a DMV records check. They will discover that you suffered a license suspension because of a DUI, and take whatever action they deem appropriate.

Answer: An SR-22 is essentially a document, provided by your auto insurance company, verifying that you carry car insurance with at least the California state minimum liability coverage . The SR-22 indicates the expiration date of the policy, and a pledge by the insurance company to notify the DMV immediately if the policy gets cancelled before the expiration date.

11. The officer said I refused to take a chemical test. What does this mean?

Answer: You are required by law to submit to a chemical test to determine the alcohol and/or drug content of your blood. If you did not agree to take a blood or breath test after being requested to do so by a peace officer, you may have to take urine test if:

The officer suspects you were driving under the influence of drugs or a combination of drugs and alcohol, or

Both the blood or breath tests are not available, or

You are a hemophiliac, or

You are taking anticoagulant medication in conjunction with a heart condition.

Answer: A hearing officer will conduct the hearing just like a prosecutor would in a criminal case, but the officer also makes the final decision based on the evidence presented. It will not matter that you need to drive for work or because of a medical or educational need (unless you are under age 21). You may represent yourself or hire an attorney to represent you, just as in a criminal case. The only issues that will be discussed, by law, at the hearing are:

Did the officer have reasonable cause to believe you were driving a motor vehicle in violation of Vehicle Code 23140, 23152 or 23153?

Were you placed under lawful arrest?

3)Were you driving a motor vehicle when you had a 0.08% or more by weight of alcohol in your blood or 0.05% or more if under age 21?

If you refused or failed to complete a blood, breath or urine test the issues are:

Did the officer have reasonable cause to believe you driving a motor vehicle in violation of Vehicle Code 23140, 23152 or 23153?

Were you told that if you refused to submit to or fail to complete a blood, breath or urine test after being requested to do so by a peace officer, that your driving privilege would be suspended for one year or revoked for two or three years?

Did you refuse to submit to or fail to complete a blood, breath or urine test after being requested to do so by an officer?

You or your attorney must request documents or police reports in the DMV’s possession in writing before the hearing in order to see the DMV’s evidence. You or your Orange County DUI lawyer may present oral testimony and other evidence, or file the information in written form. Although the arresting officer does not have to testify, the DMV may call the officer if it is later determined that his or her testimony is needed. You or your attorney may subpoena the officer or any other witness you feel may help your case. If you decide to represent yourself, you are responsible for payment of any required fees and for making sure your witness receives the subpoena. If, after hearing the argument of an attorney regarding your license, the review shows there is no basis for the suspension or revocation, the action will be set aside. You will be notified by the DMV in writing only if the suspension or revocation is set aside following the administrative review. If you lose at the hearing, you may request a departmental review in writing within 15 days for an additional fee ($150). Or, you may request a court review by filing a writ with the Superior Court within the number of days shown on the bottom of the notice that was mailed to you telling you the results of your hearing.

Answer: It is possible to win a DMV hearing. In many cases, there are legal questions concerning the procedure of the arrest that can be challenged, to which the DMV must prove was carried out legally in order to suspend a driver’s license. In addition, DMV statistics for 2001 show that 17% of ALL persons who were suspended for DUI kept their driver's license simply by requesting a hearing to fight the suspension. In a license suspension hearing, the DMV has to show that the suspension of your license is justified. Contrary to what the DMV may tell you, it is not your burden to show that the suspension was unjustified -- the DMV has the burden of proof to justify the suspension. The DMV may do this by showing that any person arrested for driving under the influence:

Takes a breath test which shows a Blood Alcohol Concentrate (BAC) of 0.08% or more, 0.05% or more if under age 21, or

Takes a blood or urine test and the officer believes that the driver is at or above the 0.08% BAC, 0.05% if under age 21, or Refuses to take or fails to complete a blood, breath or urine test of his or her BAC.

14. What “penalties” can the DMV impose based on my Orange County DUI?

Answer: The DMV has power to revoke, suspend or restrict a person’s California driver license because of an arrest for a California DUI. This procedure is separate and apart from the court proceedings in the case, and any “penalty” imposed is in addition to any court penalties. If a licensee has no prior convictions for DUI and no prior suspensions for a DUI arrest, the period of suspension will usually be four months. However, it is possible to petition the DMV for a restricted license, enabling a licensee to drive to and from work, during the scope of work, and to and from the alcohol program. A Southern California DUI attorney properly experienced in DMV procedures will advise you how best to secure just such a restricted license. If the licensee has one or more prior convictions for DUI, or “Wet Reckless,” within ten years of the present offense, the DMV will suspend driving privileges for at least one year. If a licensee is under the age of 21, or has refused to submit to a chemical test, there is a mandatory period of suspension for at least one year.

Answer: A restricted driver’s license allows you to drive to and from work, during the course and scope of your employment, and to and from an alcohol rehabilitation program. The DMV hearing will not resolve this issue. You can apply for a restricted license only after your license has been suspended at a DMV branch office, not where license hearings are held.

If you were arrested for an Orange County DUI or Drunk Driving offense, the officer should have given you the choice of a breath or blood alcohol test. If you agreed to a breath test and the result was .08% or greater, the CHP or Orange County police officer probably confiscated your driver's license and issued you a pink piece of paper called a "Notice of Suspension." This paper is a formal notice to you that your California driver's license is suspended, and also serves as a 30-day temporary driver's license. If this was your first DUI offense, your license will be suspended for four (4) months. However, the DMV will allow you to “exchange” the four (4) month suspended Driver license for a one (1) month suspension followed by a five (5) months of a “restricted” California driver license. In order to be allowed to make obtain this restricted driver license you will need to file an SR-22 proof of insurance form, pay a small fee, and enroll in a state-approved DUI school.

Unlike the results of a breath test, the results of a blood test in an Orange County DUI investigation will not be immediately known, but the administrative license suspension will still be issued. Refusing to take either chemical test on your first offense will result in an administrative license suspension of one (1) year with NO POSSIBILITY of work restriction. If this was your second offense within ten (10) years and you refused the tests, the length of suspension will be two (2) years with no possibility of work restriction. If your DUI was out of Orange County, you must contact the DMV Drivers Safety Office in Irvine, CA, within ten (10) days of being issued a Notice of Suspension. You must make this request to the DMV within the ten (10) day period or you will lose you’re the right to fight the driver license suspension at a DMV hearing. If you are even one day late, you will lose the privilege to fight to keep your driver license. REMEMBER, the DMV’s ALS or APS (Administrative Per Se Suspension) hearing is completely separate from your criminal case and must be treated as such. Although it is possible to represent yourself at these hearings, your chances for winning a "set aside" of the suspension are much higher with an experienced Orange County DUI lawyer representing you.

If you possess an out-of-state license, the California Highway Patrol or Orange County police officer cannot seize your license as it is not the property of the State of California. Consequently, the Notice of Suspension revokes your privilege to drive only in California. Chances are, however, your license will be suspended by your home state upon notice to their DMV of your DUI arrest. When contacting the Drivers Safety Office (DSO) to demand a hearing, it is critical that you, or preferably your lawyer, write down the date and time you called and the name of the clerk with whom you spoke. If you are unable to later prove that you contacted the DSO, you may be denied a hearing. Again, it is wise to retain an Orange County DUI attorney to represent you; this service is typically included in the retainer agreement.The DMV's Drivers Safety Office is located at 16735 Von Karman, Suite 110, in Irvine, CA, and can be reached at (949) 440-4416.

DMV PENALTIES FOR AN ORANGE COUNTY DUI OR DRIVING UNDER THE INFLUENCE

FIRST OFFENSE

.08 or greater

4 month suspension

Refusal

1 year suspension

SECOND OFFENSE

.08 or greater

1 year suspension

Within 10 years

Refusal

2 year revocation

THIRD OFFENSE

.08 or greater

1 year suspension

Within 10 years

Refusal

3 year revocation

FOURTH OFFENSE

.08 or greater

1 year suspension

Within 10 years

Refusal

3 year revocation

DMV Hearings

If the DMV suspends or revokes your California Drivers License because of an Orange County DUI, you may be able to request an administrative hearing with Driver Safety Branch of the DMV which is the branch within the DMV that holds hearings to determine whether an action taken against a person's driving privilege is justified. Upon receiving notice that the DMV intends to suspend or revoke your driving privilege, you have only 10 days if you were personally notified of the action, or 14 days from the date a notice was mailed to you to contact Driver Safety and request a hearing. These timeframe's are critically important. Failure to contact Driver Safety within these timeframe's could result in the loss of your right to a hearing. Driver Safety holds hearings on many different issues; however, each hearing is similar in that it affords drivers an opportunity to present reasons why they ought to retain their driver licenses. Each hearing is held according to legal guidelines (Administrative Procedures Act (APA); Evidence Code) that help ensure that neither the DMV nor the driver has an unfair advantage over the other. It is the hearing officer's job to fairly record, analyze, and weigh the facts of each case against the issues involved before coming to a decision regarding the driver license. The hearing officer may end or “set aside” the proposed DMV sanction, allowing you to regain the use of your license; he or she may modify the license by placing various restrictions on its use; or the hearing officer may uphold the original suspension or revocation of the driving privilege. If the hearing officer makes a decision that you feel is unfair or unjust, you may appeal the decision with a departmental, and ultimately a court, review. You have certain legal rights during an administrative hearing, and the hearing officer will ask you if you understand these rights before continuing with the hearing. Please be sure to have the hearing officer explain your legal rights if you don't know or understand them. Some of these legal rights include your right to:Be represented by an attorney or other representative at your own expense; Testify on your own behalf; Review the DMV's evidence and cross-examine the testimony of any witness offered by the department.

In most instances, the DMV's case rests solely on written documentation. If you wish to question the information contained in the DMV's evidence, you will be responsible for subpoenaing the person who prepared that document. At the DMV hearing, a hearing officer will render a judgment based on all the evidence presented. Many issues are discussed at the DMV hearing, including:

Whether the suspect was in fact the person driving the vehicle

Whether the arresting officer had probable cause to make the stop

Whether the arrest was made lawfully

Whether the driver had a BAC higher than the legal limit

An effective Orange County DUI attorney who is intimately familiar with DUI arrest procedures, sobriety testing procedures, breathalyzer technology and evidence guidelines will be able to challenge the prosecution regarding all of these issues to help the suspect retain his/her driving privileges until the case is over.

If you have been arrested or cited for an Orange County DUI, you should contact an experienced Orange County DUI lawyer as soon as possible. Time is of the essence. The sooner you contact an attorney, the more likely your rights will be preserved and the more time your attorney will have to prepare for the hearing and the better your chances will be that you keep your right to drive. One of the most serious consequences of an Orange County DUI is the impact it has on your driver license. You deserve to be represented by the best possible attorney. You deserve to be represented by Orange County’s Premier DUI Defense Attorney Randall T. Longwith. Call today for a FREE CONSULTATION at (714) 879-7007.

In a typical Orange County DUI investigation, the officer asks the DUI suspect to step out of his/her car and perform a series of "Field Sobriety Tests," or “FSTs.” These roadside “tests” usually consist of a battery of three to five exercises, usually selected by the officer; and may include walk-and-turn, one-leg-stand, Horizontal Gaze Nystagmus (follow the stimulus with your eyes), fingers-to-thumb, finger-to-nose, Rhomberg (close eyes, tilt head back and count to 30), alphabet recitation, or hand-pat. These “Simon Says-like” tests of your roadside acrobatic abilities were not designed to objectively determine whether you were in fact impaired by alcohol. Police and prosecutors use them for one reason: to collect evidence against you. These tests are designed for failure and cannot be passed. So don’t be surprised when the officer says you failed miserably the “tests’ that you know you performed flawlessly.

The National Highway Transportation Safety Administration (NHTSA) conducted a series of laboratory and field studies to evaluate the accuracy of these Field Sobriety Tests in signaling whether a DUI suspect is actually impaired. Of all the field sobriety tests, NHTSA found three to be the most reliable: The Horizontal Gaze Nystagmus, The Walk and Turn, and The One Leg Stand. These three became known as the "Standardized Field Sobriety Tests" (SFSTs). NHTSA claims to have quantified that the accuracy of the SFSTs in determining whether a DUI suspect's BAC is .10 or higher:

HGN:Horizontal gaze nystagmus is an involuntary jerking of the eyeball which occurs naturally as the eyes gaze to the side. Under normal circumstances, nystagmus occurs when the eyes are rotated at high peripheral angles. However, when a person is impaired by alcohol, nystagmus is exaggerated and may occur at lesser angles. An alcohol-impaired person will also often have difficulty smoothly tracking a moving object. In the HGN test, the officer observes the eyes of a suspect as the suspect follows a slowly moving object such as a pen or small flashlight, horizontally with his eyes. The examiner looks for three indicators of impairment in each eye: if the eye cannot follow a moving object smoothly, if jerking is distinct when the eye is at maximum deviation, and if the angle of onset of jerking is within 45 degrees of center. If, between the two eyes, four or more clues appear, the suspect likely has a BAC of 0.10 or greater. NHTSA research indicates that this test allows proper classification of approximately 77 percent of suspects. HGN may also indicate consumption of seizure medications, phencyclidine, a variety of inhalants, barbiturates, and other depressants.

THE WALK AND TURN & ONE LEG STAND TESTS:These tests are “divided attention” tests that are supposedly easily performed by most sober people. They require a suspect to listen to and follow instructions while performing “simple” physical movements. Impaired persons, they say, have difficulty with tasks requiring their attention to be divided between simple mental and physical exercises. In the walk-and-turn test, the subject is directed to take nine steps, heel-to-toe, along a straight line. After taking the steps, the suspect must turn on one foot and return in the same manner in the opposite direction. The examiner looks for seven indicators of impairment: if the suspect cannot keep balance while listening to the instructions, begins before the instructions are finished, stops while walking to regain balance, does not touch heel-to-toe, uses arms to balance, loses balance while turning, or takes an incorrect number of steps. NHTSA research indicates that 68 percent of individuals who exhibit two or more indicators in the performance of the test will have a BAC of 0.10 or greater. In the one-leg stand test, the suspect is instructed to stand with one foot approximately six inches off the ground and count aloud by thousands (One thousand-one, one thousand-two, etc.) until told to put the foot down. The officer times the subject for a 30 seconds. The officer looks for four indicators of impairment, including swaying while balancing, using arms to balance, hopping to maintain balance, and putting the foot down. NHTSA research indicates that 65 percent of individuals who exhibit two or more such indicators in the performance of the test will have a BAC of 0.10 of greater. The effectiveness of SFST in court testimony and evidence depends upon the cumulative total of impairment indicators provided by the three-test battery. The greater the number of indicators, the theory goes, the more convincing the testimony. The theory of the prosecution is that because SFST are administered according to national standards and supported by “significant research,” they have greater credibility than mere subjective testimony.

VALIDITY OF THE FIELD SOBRIETY TESTS: In reality, however, how valid are these field sobriety tests, really? Well, in 1991, a Clemson University scientist by the name of Dr. Spurgeon Cole conducted a study on the accuracy of FSTs. His staff videotaped 21 individuals performing six common field sobriety tests, then showed the tapes to 14 police officers and asked them to decide whether the suspects had "had too much to drink to drive." Unknown to the officers, the blood-alcohol concentration of each of the 21 subjects was .00 percent; THEY WERE ALL STONE SOBER. The results: 46 percent, nearly half, of the time the officers gave their opinion that the sober subject was too drunk to drive!!! Their “expert opinions” on impairment based on FST performance were not much better than flipping a coin. Cole & Nowaczyk, Field Sobriety Tests: Are They Designed for Failure?, 79 Perceptual and Motor Skills 99 (1994). What about the new, improved "standardized" tests? Consider the research funded by the National Highway Traffic Safety Administration (NHTSA), which resulted in the later adoption of the so-called "standardized" field sobriety tests. In that study, researchers determined that the three most effective field sobriety tests (FSTs) were walk-and-turn, one-leg stand, and horizontal gaze nystagmus. Yet, even using just these supposedly more accurate tests, the researchers found that 47 percent of the subjects who would have been arrested based upon test performance actually had blood-alcohol concentrations of less than the legal limit of. 10 percent. In other words, almost half of all persons "failing" the tests were not legally under the influence of alcohol!

In 1987, many of the original researchers at the Southern California Research Institute who had been federally funded to come up with a standardized battery published findings of their research. The study concluded that FSTs do not accurately measure driving impairment. In an article entitled Sobriety Tests for the Presence of Drugs, 3(1) Alcohol, Drugs and Driving 25 (1987), researchers recognized that such tests are designed to determine balance, steadiness, and reaction time but concluded that a connection between these factors and driving ability "is not apparent since neither a steady stance nor simple movement time is essential to the safe operation of a motor vehicle." While conceding that field sobriety tests may indicate the presence of alcohol, the researchers found that they do not necessarily measure driving ability.

The fact that these tests are largely unfamiliar to most people and not well practiced, and that the tests are given under extremely adverse conditions, make them more difficult for people to perform. As few as two miscues in performance can result in an individual being classified as impaired because of alcohol consumption when the problem may actually be the result of the unfamiliarity with the test, nervousness, fatigue, injuries, intimidation, weight, age, physical condition & natural coordination or lack thereof, the distraction of traffic and lights and police, weather conditions, memory, or the clarity of DUI officer's instructions.

Moreover, the scientist hired by the National Highway Traffic Safety Administration, Marceline Burns, has admitted that the field tests do not measure impairment. She has also admitted that they are unreliable unless they are administered in strict compliance with STANDARDIZED TESTING PROCEDURES. The fact is that in most Orange County DUI, Los Angeles DUI, Riverside DUI, and San Bernardino DUI investigations, these Field Sobriety Tests are not conducted in a manner which is not approved by the National Highway Traffic Safety Administration. Proper cross examination of the arresting officer can demonstrate that these exercises do not predict impairment for the purposes of driving a motor vehicle. An Experienced Orange County DUI Lawyer like Randall T. Longwith can effectively challenge the reliability of these tests because he has the expertise to expose these tests for what they really are: a charade. In short, field sobriety tests can be effectively handled by an experienced Orange County DUI lawyer. Call today for a FREE CONSULTATION (714) 879-7007.

Breath Tests

Breath Testing in an Orange County DUI:

There are many problems with the way breath testing devices used in Orange DUI cases. These breath tests can be very unreliable and susceptible to attack by an Orange County DUI Attorney who understands the weakness of a these "breathalyzer" machines. DUI defense lawyers are often asked why they are taking a particular drunk driving case to trial, when a breath machine has obviously produced a reading above the legal limit. What these lawyers know, and what they hope to educate their juries about, is that the breath testing machines that are used in Orange County DUI cases are severely subject to errors even in the best of circumstances. Breath testing in Orange County DUI cases is far from perfect. Breath testing in DUI cases dates back to 1937, when Rolla Harger invented the "Drunkometer". This machine gave birth to an industry that has witnessed many new designs, each trying to improve on the reliability of its predecessor. However, even in our present era, every single breath-testing device is subject to mistakes. All breath-testing machines used in DUI cases make certain assumptions about the people being tested that may or may not be true. All of the drunk driving breath testing machines are subject to human error, maintenance problems, interference from outside sources such as radio frequency interference “RFI,” and internal malfunctions

In all Orange County DUI cases,the prosecution must prove that the defendant's blood alcohol concentration at the time of the offense (Driving) was at or above a statutory limit. In California, the limit is .08. Thus, in order to prove the requisite level of alcohol in the blood of someone arrested for an Orange County DUI, it is necessary to obtain a suitable sample of the arrestee's blood or breath at the time of arrest. The use of a breath test is by far the most popular scientific method for establishing that drunk driving has occurred. Some defendants have been able to challenge the results of such tests in court successfully, thereby preventing a conviction. An Orange County DUI attorney experienced in drunk driving defense law is in a strong position to advise a client whether the "Breathalyzer" test results may be subject to challenge in his or her particular case.

Breath tests in Orange County DUI caseshave traditionally been used as evidence in drunk driving cases because they are much more reliable than police testimony. However, breath tests only estimate blood alcohol concentration (BAC), they don’t measure it. DUI breath testing is an indirect way of determining blood alcohol content(BAC) or blood alcohol level (BAL). It is simply an estimate based on a complex equation called a “Partition ratio.” A breath test measures only alcohol and is more error prone. Equations are used to gauge the relative amount of alcohol contained in a sample of deep lung (alveolar) air and law enforcement then has to calculate the amount of blood alcohol that should be present. Testing alveolar air has its problems, in that the sample does not necessarily remain constant. Temperature and breath patterns also affect the content of any given breath sample The root cause for inaccuracies in blood-alcohol testing is the mistaken belief that the people being tested all have “average” physiological attributes. In other words, the accuracy of every blood-alcohol test result is contingent upon the validity of a set of specific assumptions. To the detriment of the individual being tested, the assumptions are hardly ever correct. The likelihood that the individual being tested has “average” attributes is extremely low. For example, all breath testing machines assume that the proportion between alcohol in the breath and alcohol in the blood is 1: 2100. The BAC machine is configured to base its reading entirely on this assumption. In actuality, these proportions in an individual can differ from anywhere between 1:1300 to 1:3000 or more. Doing the math, a person who had a 1:1700 breath-to-blood ratio and a genuine blood-alcohol level of .08% would actually get a reading of .10%. This would be an “accurate” reading from a breath testing machine that compared the results with the “normal” ratio. The validity of the readings corresponds directly to the validity of the original assumption. In reality, these machines repeatedly assess an average person, only using a defendant’s breath sample. There is no regard to the defendant’s physiological individuality.

There are several breath testing devices in the market used in California DUIs. They are manufactured by private companies and sold to law enforcement agencies. These varying devices come with unique characteristics and requirements for proper use and care. The improper use, testing and/or maintenance of these various devices can play a significant role in your defense. It follows that it is vitally important to select an attorney for your Orange County drunk driving case with expert knowledge of these machines.

The Preliminary Alcohol Screening (PAS) device is used in most Orange County DUI cases:During breath testing, the first breath test given is usually at the side of the road after the field sobriety tests (FST’s) have been given. The name of the devise used in most Orange County DUIs is the Alco Sensor IV. The test is commonly referred to as a preliminary alcohol screening test or “PAS” test or preliminary breath test “PBT.” Of all the breath tests, the PAS test is the most unreliable because the Alco Sensor IV does not have various error checking safeguards to protect against the contaminating influences of alcohol that often times remains in a person’s mouth after drinking which is usually referred to as “mouth alcohol.” If the devise measures alcohol that is in the mouth, this could contaminate the result and give a false high result that could cause a person to be charged with a DUI. The Alco Sensor IV operates by using a “fuel cell.” The fuel cell generates energy as alcohol molecules pass over it. Another problem is that the fuel cell is not ethanol, which is the alcohol in alcoholic beverages, specific. What this means is that the fuel cell can identify other things as alcohol such as bread residue and other molecules that have chemical structures similar to alcohol. There are thousands of such substances present in most person’s bodies. Lastly, fuel cells degrade over time and when this happens, they are more prone to producing contaminated results. It is possible to wash your mouth with mouthwash and then blow into an Alco Sensor IV and record a .40 BAC reading. Most law enforcement agencies do not rely on the results of the Alco Sensor IV for prosecution because the fuel cell technology is too faulty. Orange County, however, still does! Orange County DUI attorney Randall T. Longwith has been certified as an administrator of the Alco Sensor IV by the Police Academy. If your Orange County DUI involved a road side breath, call Mr. Longwith today for a FREE CASE EVALUATION. (714) 879-7007.

Another defect in these “breathalyzer” type machines used in Orange County DUI investigations isthat many fail to identify ethanol which is the particular type of alcohol in alcoholic beverages to the exclusion of all other chemical compounds. To use the terminology of scientists, such methods are not specific for ethyl alcohol: They will detect other compounds which are naturally occurring in the human body and report them as “alcohol!!” Thus a client with other compounds in his blood or breath could have no alcohol in his body yet still obtain a high blood alcohol reading on one of these breath reading gizmos. This problem is most noticeable in the use of infrared breath devices, such as the Alco Sensor IV, which are the most common type used in Orange County DUI cases. The technical reason these fuel cell machines make these errors is because they are not designed to detect the molecule of ethyl alcohol (ethanol), but rather only a part of that molecule — the methyl group. In other words, it is the methyl group in the ethyl alcohol compound that is absorbing the infrared light, resulting in the eventual blood-alcohol reading. Thus the machine will "detect" any chemical compound and identify it as ethyl alcohol if it contains a methyl group compound within its molecular structure. The "Breathalyzer" assumes that the methyl group is a part of an ethyl alcohol compound. The simple fact is that there are thousands of compounds that contain the methyl group.

Acetone and acetaldehyde, for example, can be found on the human breath. In fact, recent studies have found that over one hundred chemical compounds can be found on the breath at any given moment in time. More important, approximately 70 to 80 percent of these compounds contain methyl groups. And the infrared breath machine will detect each of these as "ethyl alcohol". How prevalent are chemicals in the breath that can register on breath analyzing machines? Here are some common things that can give falsely high readings: Untreated Diabetics; Persons on a Weight Reduction Diet; Fasting: People on Atkins type diets; Long-term smokers are more likely to have higher blood-alcohol readings due to a greater amount of acetaldehyde in the lungs; Alcoholics can have 5 to 55 times higher levels of acetaldehyde in there breath or blood than that in nonalcoholics; Inhaling Paint and Glue Fumes; Inhaling Lacquer Fumes; Swallowing Unleaded Gasoline and; Bread Products of various types. If your Orange County DUI involved a road side breath, call Mr. Longwith today for a FREE CASE EVALUATION. (714) 879-7007.

The technology used in the stationhouse breath testing devices is slightly more reliablethan the fuel cell type machines such as the Alco Sensor IV in that they do typically have slope detectors to guard against mouth alcohol contamination and they try and guard against the NON SPECIFICITY problem by using a technology referred to as Infrared spectrometry instead of fuel cells. This technology uses a quartz lamp inside the machine radiates infrared energy through the sample. The amount of energy that makes it through the sample (i.e., not absorbed by alcohol) is then measured. The greater the amount of alcohol present in the sample, the greater the absorption. Even these more stationhouse type breathalyzers like the Intoxilyzer and Datamaster can have problems if the breath device itself has not been properly maintained or operated. Even when these advanced devises are functioning properly, they have a modest but inherent margin of error that can affect the outcome of your Orange County drunk driving case.

Just as in Blood tests, Breath testing in Orange County DUI casesare always taken some time after the driving. Blood alcohol level often rises over time. What can this mean in your Orange County DUI case? What it means is even if the results in your Orange County DUI breath test accurately reflects the true alcohol content of your blood, your case can still be successfully defended. This is because all the test result can say is that your blood contained a certain alcohol content at the time the breath test was given. It doesn’t, however, say what your blood alcohol content was at the time of driving. The two can and often are very different. Remember it is not against the law to have a BAC of .08% or above at the time your breath test was given. It is only against the law to have a BAC of .08% or above at the time you were actually driving. Because blood alcohol levels change over time, this is a critical point to understand. The prosecutor has to use a bunch of assumptions and circumstantial evidence to “guess-timate” backwards to what he thinks your true BAC was at the time of driving. An expert Orange County DUI attorney such as Randall T. Longwith can effectively challenge these assumptions and give you the best change at a successful outcome in your Orange County DUI case.

Ultimately, breath test results in your Orange County DUI can be successfully challenged. When it comes to issues of breath testing in an Orange County drinking and driving case, it’s important to have an experienced Orange County DUI lawyer with proven results on your side. Contact Orange County’s Premier DUI Defense Attorney Randall T. Longwith today for a FREE CONSULTATION at (714)-879-7007

Blood Tests

Blood Tests

Cases involving Blood Tests performed in as part of a DUI investigation in Orange County and throughout California can be successfully defended by an experienced California DUI attorney such as Orange County DUI lawyer Randall T. Longwith. Once an arrest is made in an Orange County DUI, a Los Angeles DUI, a Riverside DUI or a San Bernardino DUI case, the law requires the driver to submit to a chemical test under a provision in the California Vehicle Code referred to as California’s “Implied Consent” law. What this California DUI law means simply is that anyone with a California Driver License automatically consents to the taking of a sample of either his blood or breath if arrested on suspicion of a California drunk driving offense. The law makes providing a blood or breath sample mandatory. If you choose to provide a breath sample in a California DUI investigation, the officer must still advise you of your right to take a blood test in order to retain a sample of blood for later testing by an independent lab. This is a safeguard for all persons accused of a DUI in Orange County, a DUI in Los Angeles, a DUI in Riverside, or a DUI in San Bernardino, as well as any California DUI. Lastly, because of the “implied consent law,” if you fail to submit to the required chemical testing, a number of serious repercussions could follow, including hefty fines, mandatory jail and Suspension of your California Drivers License.

Blood Test Evidence is considered by police, prosecutors, and much of the general public to be the most powerful evidence possible in a California DUI case. Part of the reason for this is because Blood Testing, as opposed to Breath Testing, is less susceptible to challenges because it involves a more direct taking and testing of a sample of a person’s blood. However, even though Blood Test results in an Orange County DUI or any California DUI are more difficult to challenge, they still can be successfully challenged by an Orange County DUI attorney with the expertise in effectively attacking such tests. Remember, Blood tests are in no way perfect. An expert Orange County DUI attorney knowledgeable and skilled in the science of blood testing can find and exploit any flaws that may be present in the testing procedure. Because of this, it is critical that you consult with an Orange County DUI attorney who is not only experienced and knowledgeable in the area of Drunk Driving cases, but is himself an EXPERT in the area of blood testing.

An EXPERT Orange County DUI Lawyer such as Randall T. Longwith can often times neutralize blood test results in many California DUI cases by challenging to the accuracy of the results themselves. And if the results in your Orange County Blood test DUI case are effectively challenged, your chances of having your case dismissed, reduced to a lesser charge or won at jury trial increase dramatically. Orange County DUI Defense Attorney Randall T. Longwith has the expertise in the field of Drunk Driving and DUI to afford you the best possible chance to have a successful outcome to your California DUI case.

THE BLOOD TEST: When the law talks about a Blood Alcohol Content or “BAC,” it refers to the number of grams of alcohol present per 100 milliliters of blood in the person's system. For example, a BAC of 0.10% would mean that the person has 1/10 of a gram of alcohol per every 100 milliliters of his blood. The amount of blood actually tested as opposed to the amount that is drawn from the arm is very different. The “lab” usually draws an entire vile full of blood from a person’s arm but only tests less than a TENTH OF AN OUNCE. So when it comes to California's legal limit of 0.08%, we are talking about a very small amount of measurable alcohol. Because of this, the smallest of errors in the testing procedure can lead to a giant error in the results. One common error in Blood Testing is improper blood drawing procedures. The blood must be drawn by a qualified person. The blood must also be drawn in an appropriate fashion. If it is not there is a possibility that the blood was contaminated during the draw which could lead to an artificially high reading of alcohol in the results.

Another problem affecting blood testing results in California DUI cases is something called FERMENTATION. Fermentation is the naturally occurring formation of alcohol. Just as wine in a sealed bottle produces alcohol naturally through fermentation so too does Blood in a sealed vial. When blood ferments in the vial, the alcohol level will be higher at the time of testing than it was at the time it was actually drawn from the arm. This can lead to blood results in your Orange County DUI case 2 to 3 times higher than they were at the time the blood was actually drawn from your arm. In order to minimize the risk of artificially high blood alcohol readings in blood cases through fermentation, laboratories must follow certain steps. As I stated above, the puncture site must be appropriately swabbed before the draw. The correct type and amount of preservative powder and anticoagulant powder must be added to the vial. After the draw, the blood and the chemicals must then be sufficiently mixed or the chemicals will have little effect. The sample must be kept in a controlled refrigerated environment in order to preserve the quality of the sample. Moreover, this refrigerator should be in a secured area with a log book to determine exactly who and when the sample was accessed.

Was the vile from a pre prepared test kit? Many agencies don’t prepare the vials themselves but rather buy vial that have been pre prepared with the chemicals already inside. An expert Orange County DUI attorney will know to look to ensure that the vials were vacuumed sealed, actually contained the type and amount of chemical stated, and that the vials were not past their Expiration date. The preferred method of blood analysis when looking for alcohol content is a process called “gas chromatography” or “GC”. This testing method utilizes a measuring technique of comparison of a known “standard” to the subject’s sample. These standards are typically certified pre-mix solutions, which have been tested and re-tested for being accurate and reliable “markers” for the GC device. An expert Orange County DUI attorney knows to inspect whether the Gas Chromatograph device properly calibrated, maintained, repaired according to California State law and the terms of the lab's license. Where was the blood drawn and tested? If it was tested in a hospital, the result may be artificially high because most hospital tests are done on blood “serum” or “plasma,” not the “whole” blood. In blood plasma whole blood is filtered to remove the cellular material and fibrinogen. This process artificially RAISES the concentration of alcohol in the liquid-which can lead to a skewed test result.

Blood tests are always taken some time after the driving. Blood alcohol level often rises over time. What can this mean in your Orange County DUI case? What it means is even if the results in your Orange County DUI blood test accurately reflects the true alcohol content of your blood, your case can still be successfully defended. This is because all the test result can say is that your blood contained a certain blood alcohol content at the time it wasdrawn. It doesn’t say what your blood alcohol content was at the time of driving. The two can and often are very different. Remember it is not against the law to have a BAC of .08% or above at the police station when they took your blood. It is only against the law to have a BAC of .08% or above at the time you were actually driving. Because blood alcohol levels change over time, this is a critical point to understand. The prosecutor has to use a bunch of assumptions and circumstantial evidence to “guess-timate” backwards to what he thinks your true BAC was at the time of driving. An expert Orange County DUI attorney such as Randall T. Longwith can effectively challenge these assumptions and give you the best change at a successful outcome in your Orange County DUI case. Ultimately, blood test results can be successfully challenged. When it comes to issues of blood testing in a drinking and driving case, it’s important to have an experienced lawyer with proven results on your side. Contact Orange County’s Premier DUI Defe Attorney Randall T. Longwith for a FREE CONSULTATION today at 714-879-7007.

Irvine DUI Attorney

It’s illegal to operate a motor vehicle while under the influence of drugs or alcohol. When a person drives while intoxicated, he/she not only puts his/her own life in danger, but also endangers the lives of other passengers and drivers on the road as well. A DUI accident can results in extensive property damage, life-threatening injuries, or even death. Because drunk driving can result in such grave and catastrophic consequences, DUI offenders are prosecuted to the fullest extent of the law. An Irvine DUI conviction can result in jail, probation, fines, community service, DUI school, alcohol treatment, driver’s license suspension, and a mark on your permanent record.

The Law Offices of Randall T. Longwith is a premier Irvine DUI defense law firm, dedicated to helping people throughout Irvine and Orange County fight their DUI charges. In addition to basic DUI defense, Attorney Randall T. Longwith also provides legal services for other DUI related issues, such as DMV hearings, field sobriety tests, breath tests, and blood tests. The laws surrounding a DUI case can be complex. Hiring a reputable Irvine DUI attorney is the key to ensuring your best interest will be protected.

If you have been charged with DUI in Irvine, you need an experienced DUI attorney on your side. A highly trained Irvine DUI attorney like Randall T. Longwith is equipped with the knowledge and experience to protect your rights, and challenge aggressive prosecutors in court. Upon hire, Mr. Longwith will sit down with you one-on-one to discuss your case at length, along with your best options and the most effective plan of action. Attorney Randall T. Longwith works relentlessly to build a strong case in your defense, and negotiate with prosecutors to secure a favorable result in court. Most importantly, Mr. Longwith is committed to providing his clients with unwavering devotion and the highest quality legal representation possible.

Driving under the influence is a serious problem in Anaheim and other cities throughout the area. When a person drives while intoxicated, he/she has a greater chance of causing an accident that could result in property damage, serious injury, or even death. Because of the serious risk involved, people who have been charged with DUI are subject to a number of legal penalties, including probation, jail, fines, driver’s license suspension, community service, and a mark on their permanent record. If you have been arrested and charged with DUI, a skilled and knowledgeable Anaheim DUI attorney will greatly increase your chances of obtaining a favorable result in court.

The Law Offices Randall T. Longwith is a full-service Anaheim DUI defense law firm that offers legal services for a variety of areas related to DUI defense, such as field sobriety tests, breath tests, and blood tests. DUI cases can be complex, and therefore require the attention of an attorney with extensive experience in California DUI laws. Attorney Randall T. Longwith is well informed of the DUI laws, regulations, and court protocol in Anaheim, and has successfully helped many clients fight their DUI charges.

If you have been charged with a DUI, it’s vital that you contact a reputable Anaheim DUI attorney immediately. The key to protecting your rights and freedom is having an experienced DUI defense lawyer on your side. At the Law Offices of Randall T. Longwith, you can expect to receive one-on-one attention, a thorough analysis of your case, viable options, and guidance through every step the legal process. Furthermore, Mr. Longwith collects compelling evidence to build a strong defense, and is not afraid to challenge and negotiate with the prosecution. Above all, Mr. Longwith is committed to obtaining justice for his clients, and helping them clear their good names.

Fullerton DUI Attorney

Being accused of a DUI is serious - very serious! Your freedom, your career, and your future, as well as your right to drive, your insurance rates and your reputation may be on the line. You don’t have to plead guilty. The fact is many driving under the influence and DUI cases can be successfully defended by an experienced Fullerton DUI attorney.

Fullerton DUI attorney Randall T. Longwith is Orange County's Premier Criminal and DUI Defense Attorney. He is an experienced and highly successful criminal defense lawyer specializing in aggressively defending individuals charged with Drunk Driving and DUI offenses throughout Southern California, including Orange County, Riverside County, San Bernardino County, and Los Angeles County. His clients have included doctors, lawyers, police officers and business people throughout Orange County. Mr. Longwith has been highly successful in obtaining not guilty verdicts, dismissals, and reduction of charges in all types of criminal offenses. He also moves quickly to try and obtain a client's release from custody.

Drunk driving is sometimes referred to as Driving Under the Influence, Driving Under the Influence of Alcohol or Drugs, DUI, Driving While Intoxicated, and DWI. DUI is a serious criminal offense, one that must be addressed immediately. Rights can be lost without prompt action.

Unless done properly, you could lose your driver's license without a hearing!At the Law Offices of Fullerton DUI Attorney Randall T. Longwith, an Orange County criminal defense law firm, our DUI lawyersknow how to proceed after a DUI arrest in a timely manner, protecting your freedom and your rights. You have only TEN DAYS from the date of your arrest to demand an administrative hearing from the DMV. The Law Offices of Fullerton DUI attorney Randall T. Longwith has an exceptional record at these hearings. We also can advise you on how to obtain a Restricted License if that becomes necessary, shortening the normal four-month suspension to thirty days. We will explain to you the pros and cons of requesting a "Stay" on your suspension to allow you to drive until your hearing with the DMV.

In most cases, the Law Offices of Fullerton DUI attorney Randall T. Longwith can make all court appearances for you, thereby allowing you to continue working without interruption. Some of the DUI matters we handle include the following: Drunk Driving; Driving Under the Influence of Alcohol or Drugs; Driving While Intoxicated; Field Sobriety Tests; Breath Testing; Blood testing; Alcohol Evaluations; Driver's License Suspension; Restricted Driver’s License; Underage Drinking and Driving; Vehicular Assault; Vehicular Homicide. The Law Offices of Fullerton DUI lawyer Randall T. Longwith aggressively protects your rights, your freedom, your driving privileges, and your reputation. Some of the things we do include: Immediately contacting the DMV to Protect Your Driving Privilege by Requesting a Hearing with the DMV; Obtaining a "Stay" on the Suspension; Helping obtain a Restricted Driver's License when necessary; Advising After a California DUI Arrest ; Appearing before Department of Motor Vehicles Officers; Plea Bargaining; Drafting and arguing Motions; Trial Preparation, including Evidence Gathering; Appearing Before All California State Courts of Law; Presenting Cases at Trial before a Judge or Jury.

Steps in the DUI Process

You are pulled over. In order to be pulled over for a California DUI, the police must have “reasonable suspicion” or a reason to do so. This reason could be a mechanical problem with your vehicle such as a broken head light to a driving infraction such as an illegal turn, to weaving to an accident. If they suspect that you are driving under the influence of drugs or alcohol, or both, they will require you to submit to breath test or blood test to determine the amount of alcohol present in your blood. You should not refuse this test. You may choose to submit to a breath test or a blood test. When choosing, remember “Breath” evidence cannot be preserved for later retesting by your own expert, “blood” evidence can.

There are certain things you should not do during a California DUI investigation. Don’t enter into a conversation with the police regarding "what you drank," "where you were", etc. You are required only to give your name and address and to produce the necessary documents. But, other than that, you have the right to remain silent. That right is there for a reason. Take advantage of it and remain silent.

Also, don’t consent to a hand held roadside breath test. These breath tests referred to as Preliminary alcohol screening tests are voluntary and you are not required to consent even though the police often make you believe they are mandatory. They are often performed by unqualified people in uncontrolled surroundings and can give inaccurate readings that may damage your defense. Remember, the police already think you’re guilty – that’s likely why they stopped you! Make them prove their accusation in a court of law, not on the side of the road.Do not consent to a field sobriety test. These are the tests that require you to walk a straight line, touch your nose, etc. These tests are voluntary and are subject to the interpretation of the police officer giving the test and are not based on scientific fact. If you have already taken a field sobriety test, all is not lost. An experienced Fullerton DUI attorney knows how ineffective that evidence is in a court of law. You are transported to a police station. Once you are placed under arrest, you will be required to take either a breath test or a blood test. You will not be able to consult a lawyer prior to taking the test.

After the arrest: You mustschedule a DMV hearing within 10 days. You will be given a notice of suspension and the DMV must prove that there is sufficient reason for revoking your license. If you do not request a hearing, the suspension will take effect for the legislated amount of time. It is important to remember that the DMV hearing is different from the actual court proceeding that determines your guilt but your failure to exercise your right to a DMV hearing could negatively affect your defense. Please remember, the DMV hearing is not the court hearing. There are actually two sentences that may be imposed, one from the DMV and one from the courts. If you do not schedule a DMV hearing within 10 days you will lose the right to defend yourself against the DMV at a later date.

Your attorney prepares your defense. Do not get discouraged! Several factors come into play when an attorney who is experienced in California DUI law prepares your defense. DUI cases are very complex. You may feel that you have already been proven guilty because you were told your BAC was above the legal limit. However, your rights are still protected under the constitution. The burden of proof rests with the prosecutor. Mr. Longwith is an experienced DUI trial lawyer. If there is a way to successfully defend your case, he will find it.

Were you stopped by the police because they saw you swerve? If so, did you swerve to miss an object on the road? Did the police notice bloodshot eyes? Were you tired or were your contact lenses bothering you? if you did take a field sobriety test and failed, was it because of medical reasons such as high blood pressure or inner ear problems? Were you feeling intimidated by the interrogation process that may have caused you to become nervous or confused? Did the police officer have the appropriate medical credentials that would support his conclusions? When you were arrested, were your constitutional rights explained to you?

Many factors may cause a breath test to register a false reading. When you took the breath test, had you recently used mouthwash or breath sprays that contained alcohol? Do you have a reflux problem that may have caused stomach contents to re-enter your esophagus? Alcohol that is present in the mouth from breath sprays, burping, etc., may give a false reading. If you were arrested for drunk driving as a result of an accident causing injuries, blood in your mouth may also give a false reading. How long did you wait after you were pulled over before the test was administered? Alcohol enters the blood stream at a certain rate. You may have had a BAC reading of over 0.08 when the test was administered but that does not necessarily mean that you had that reading when you were driving. Mr. Longwith is certified by the police academy to administer the Alco Sensor IV breath test. He is also certified to administer the field sobriety tests. If there is any to attack the breath testing procedure or the field sobriety test procedures, Mr. Longwith will find it. Call him today for a FREE CONSULTATION at (714) 699-4384.

If you are eventually convicted, certain penalties may be imposed a California DUI can lead to jail time, hefty fines of thousands of dollars, probation, months of alcohol classes, and having your drivers license taken away. Mr. Longwith is an experienced and resourceful Fullerton DUI attorney and can often convince the courts that a jail sentence would not benefit either the client or society. Many alternatives can be more effective such as drug/alcohol treatment, house arrest, etc. An attorney who is experienced in DUI law will introduce these alternative methods of punishment to the courts and may be victorious in keeping you out of jail.

Insurance requirements If you are convicted of a California DUI offense, you will suffer an additional financial “punishment” in the form of insurance premium increases. Although you cannot be refused insurance coverage based on a DUI conviction, you may be refused coverage by your current insurance provider and be forced to use a provider that has been mandated by the government to offer “high risk” coverage. This coverage is extremely costly. In addition to paying exorbitant premiums, you will be required to provide an SR22 form to the DMV in order to register your vehicle. The SR22 form proves that you have insurance coverage but also tells the DMV, insurance companies, employers and others that you have been convicted of DUI.

Remember that if you are arrested for California DUI you are not alone. MADD reports that, just in California, there are over 200,000 arrests made each year. Your arrest depends on what the police see, hear and do but your freedom can depend on the attorney you choose. If you are in trouble and your freedom is on the line, you need a Fullerton DUI attorney who is not afraid to fight for you and your rights, a lawyer who is passionate about your situation, dedicated to your case and will NOT quit. You need Fullerton DUI lawyer Randall T. Longwith.

The DUI and drunk driving laws in California demand that anyone facing such charges employ an experienced criminal defense attorney for his or her defense in order to avoid mandatory jail time and to preserve your drivers license. The right Orange County DUI defense lawyer may be your best defense against spending time in jail. The Law Offices of Fullerton DUI attorney Randall T. Longwith knows DUI arrests can be embarrassing. That is why we do everything possible to handle this confidential matter in a sensitive manner. If you have been accused of driving under the influence of alcohol or drugs, DUI, DWI, or any other driving offense in Fullerton or Orange County, you need to speak with an experience and aggressive DUI lawyer immediately. Please The Law Offices of Fullerton DUI attorney Randall T. Longwith . We will aggressively protect your rights and your freedom.

Don't waste your time with the big firms where your case is handled by a low level associate attorney. At The Law Offices of Fullerton DUI Drunk Driving attorney Randall T. Longwith, Mr. Longwith himself handles every case personally.

If you or someone you care about has been arrested for driving under the Influence or DUI in Fullerton or anywhere in Orange County, your criminal defense attorney is the only thing that stands between you and possible loss of your freedom. Your choice of attorney is critical. Don't trust your future to just anyone. You deserve the best. If you have been charged with a criminal offense, contact the best. Contact the best. Contact Fullerton's Premier Criminal Defense and DUI Attorney, Randall T. Longwith.

"...because a good offense is always the best defense."

Proudly Representing Individuals charged with DUI offenses in the following cities: